Carson City, NV—The ACLU of Nevada was informed today that SB 170, the Silver State Sunshine Act will likely not be voted on in the Senate Government Affairs Committee. The Act would have allowed requesters working in the public interest to obtain records at no cost and place limitations on how long agencies can take to respond to requests. SB  170 would have given the public a more responsive, transparent government through an updated public records law.

 

A majority of state and local agencies that submitted fiscal notes (113), agreed that updating the public records act in Nevada would have no fiscal impact. Only nine agencies (about 8%)  claimed the bill would require them to expend additional funds to comply (https://www.leg.state.nv.us/App/NELIS/REL/79th2017/Bill/5021/FiscalNotes). After the bill’s introduction, stakeholders were encouraged by the Government Affairs Committee to work with the ACLU to address concerns and reach consensus, and after doing so, all but two of the stakeholders agreed to amend the bill and support it. Despite the ACLU of Nevada working diligently with stakeholders to amend SB 170 and accommodate their concerns, two entities: the City of Henderson, and the Las Vegas Metropolitan Police Department continue to oppose the bill—even in its amended form.

 

Upon learning of the agencies unwilling to compromise, Executive Director, Tod Story stated, “We cannot agree to let government entities charge whatever fee they want when the public requests to see the records paid for by their tax dollars. We don’t think the fiscal notes were warranted, but even with them, less than half a million dollars is a small price to pay for transparency in government. SB 170 would have given Nevadans a modernized, more efficient, more accountable government through an expanded public records law and cost even less than was projected initially.”

 

Despite overwhelming agreement by a majority of stakeholders and a majority of senators on the Government Affairs Committee, the Silver State Sunshine Act (SB 170) may not survive the first committee passage deadline of April 14.

Date

Thursday, April 13, 2017 - 4:45pm

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Las Vegas — The American Civil Liberties Union of Nevada filed a Freedom of Information Act lawsuit today demanding government documents about the on-the-ground implementation of President Trump’s Muslim bans.

Today’s action is part of a total of 13 FOIA lawsuits filed by ACLU affiliates across the country. The ACLU of Nevada lawsuit is seeking records from U.S. Customs and Border Protection’s Los Angeles Field Office.  In particular, the lawsuit seeks records related to CBP’s implementation of President Trump’s Muslim bans at McCarran International Airport (LAS).

The ACLU first sought this information through FOIA requests submitted to CBP on February 2. Since the government has failed to substantively respond, the ACLU of Nevada is now suing.

Amy Rose, Legal Director at the ACLU of Nevada said, “The information we are seeking through our FOIA request, and now this lawsuit, is vital to holding the federal government accountable for its unconstitutional Muslim ban. Many Nevadans were directly impacted by the reckless implementation of the executive order and CBP must be transparent about their actions.”

“CBP has a long history of ignoring its obligations under the federal Freedom of Information Act — a law that was enacted to ensure that Americans have timely access to information of pressing public concern. The public has a right to know how federal immigration officials have handled the implementation of the Muslim bans, especially after multiple federal courts have blocked various aspects of these executive orders,” said Mitra Ebadolahi, Border Litigation Project Staff Attorney with the ACLU of San Diego and Imperial Counties.

Each lawsuit seeks unique and local information regarding how CBP implemented the executive orders at specific airports and ports of entry in the midst of rapidly developing and sometimes conflicting government guidance.

The coordinated lawsuits seek information from the following local CBP offices:

Atlanta
Baltimore
Boston
Chicago
Detroit
Houston
Los Angeles
Miami
Portland
San Diego
San Francisco
Seattle
Tampa
Tucson

ACLU of Nevada Complaint:

https://www.aclunv.org/en/cases/aclunvcbp-foia-complaint

All of the affiliate FOIA lawsuits will be available here:

https://www.aclu.org/other/aclu-cbp-foia-lawsuits-regarding-muslim-ban-implementation

The ACLU national release is here:

https://www.aclu.org/news/aclu-files-lawsuits-demanding-local-documents-implementation-trump-muslim-ban

The release on the original FOIA requests is here:

https://www.aclu.org/news/aclu-files-demands-documents-implementation-trumps-muslim-ban

More background on CBP’s FOIA practices is here:

https://www.aclu.org/letter/aclu-letter-cbp-re-foia-practices-july-2016

About American Civil Liberties Union of Nevada

The ACLU of Nevada is a nonprofit, nonpartisan organization committed to the defense and advancement of civil liberties and civil rights for all people in Nevada since 1966. For additional information, please visit http://www.aclunv.org.

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Date

Wednesday, April 12, 2017 - 10:15am

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